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(영문) 수원지방법원 안산지원 2019.11.27 2019고단3571
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in the operation of city buses B.

Around 19:30 on July 2, 2019, the Defendant was driving the bus and started the bus garage in front of the D agency located in Ansan-si, Ansan-si, and moved to the direction of F Elementary School on a one-lane basis.

At the same time, the traffic signal apparatus was controlled and the crosswalk was installed, so the driver was obliged to take a duty of care to prevent the accident in advance by driving the crosswalk in accordance with the new code after checking whether there is a person walking the crosswalk after driving down or temporarily suspending the crosswalk.

그럼에도 불구하고 피고인은 이를 게을리 한 채 전방주시를 태만히 하고 신호를 위반하여 진행한 과실로, 마침 버스 진행방향 좌측에서부터 횡단보도 신호에 따라 횡단보도를 건너던 피해자 G(72세)을 버스 전면부분으로 충격하여, 피해자가 앞으로 튕겨져 나가 도로에 넘어지게 하였다.

Ultimately, the Defendant caused the death of the victim due to cerebral ma in the H Hospital located in the Ansan-si around July 13, 2017 due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to I;

1. A traffic accident report;

1. A death certificate;

1. Photographss related to traffic accidents, blackos of vehicles, and video photographs of vehicles;

1. Application of Acts and subordinate statutes to report internal accidents (e.g., a summary of the statement by a shot person) and report internal accidents (No. 15);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Article 62 (1) of the Criminal Act;

1. When driving a bus on the grounds of sentencing in Article 62-2 of the Criminal Act to take a right-hand route, it does not temporarily stop in front of the crosswalks, and the other side is driving on the pedestrian signal, resulting in a serious result in the death of the victim by shocking the pedestrian signal, and even in 2014, the bus back is opened and closed.

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